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INDEFINITE OR DEFINITE

kiri909

what is the difference in-between definite and indefinite employee contract, please explain in detail... and how could i get contract copy which employer submitted in LMRA / MOL?

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XTang

Exactly as the name implies; an indefinite contract is for a duration which is not time bound but a definite one expires on a certain date.

The biggest difference is in compensation entitlement if the dismissal of the employee was unfair / unlawful.  In a definite contract, it is possible for the employee to get full compensation for the remaining duration of the contract.  For an indefinite contract, this is limited to one months wages in the first three months of dismissal and after 3 months, 2 days wages for each month of service with minimum compensation of a month and maximum of 12 months.  Additional compensation can also be given if the termination is deemed to legally unfair.

So simply, you make more money on a definite contract if you are with a company less than 3 months and are fired unfairly.  If you are with the company for years and are dismissed unfairly, an indefinite contract gets you more money. 

This is for UNFAIR dismissals only - the law allows an employer to terminate for poor performance and / or redundancies by following the process.

LMRA doesn't get the contract; only the offer letter.  The contract is filed with MOL and I don't think you can get a copy but those contracts are standard as per labor law.

What do you need the contract for anyway?  you can dispute without having a copy of the contract.

kiri909

actually problem is that my company fired me with reason of down scalling and i dont know the what they will compensation with me even i dont know my contract is definite or indefinite.

my contract period on appointment letter is showing two year and i have remaing 8 months however 4 month ago they renew my visa for 2 years.
like now my contract will be end by next year may 2020 and visa will expire in may 2021.

can you help me on this matter.

XTang

I am not sure what help you want.  The employer has the full right to fire you if they are down sizing provided that they have followed the proper procedures (Notification to Ministry etc) and are giving you the right redundancy pay.

You have to give facts i.e. what is the compensation that they are offering you.  That is the starting point to see if they are giving you fair compensation for the redundancy.  Honestly, if they are, then you have absolutely no legal recourse.

If on the other hand, they are not giving you proper compensation or didn't follow the procedures, then you may have a case.

I would suggest to wait to see what compensation is being offered and then decide next steps.  Potentially, you would need to consult with a lawyer once you have your compensation proposal with you to see if they are being fair or not.  The initial consultation fee would not be that much but would give you a good idea of what your chances are.   I would recommend Khalid Khan.

bclub

Hi, with regards to definite contract. Can Bahraini applicants get offered a definite contract? Or is this only for the °µÍø½ûÇøs?

XTang

It is really up to the company.